Abstract

Aim. Infertility, its treatment and family planning affect the fundamental right to procreate. For this reason, discussions on developing the legislative framework governing these matters are highly sensitive and subject to ethical controversy. At a European level there are numerous ethical challenges related to assisted reproductive technology (ART) but none related into uniform manner to be acceptable by all member countries. Methods. In this respect, we review the current legislation of the following twenty-six European countries which are also into Shengen Area: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxemburg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweeden, Switzerland, other four European countries that do not form part of the Schengen Area, Bulgaria, Croatia, Cyprus and Romania and other two like Ireland and the United Kingdom. Results. Twenty-four of the European Union member states (i.e. Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Liechtenstein,  Netherlands, Norway, Portugal, Slovakia, Slovenia, Spain, Sweeden, Switzerland, Bulgaria, Croatia and United Kingdom) have reported the existence of specific legislation, while 8 countries (i.e. Cyprus, Ireland, Lithuania, Luxembourg, Malta, Poland, Romania, Latvia) have reported that no specific legislation exists, only general legislation covering ART procedures. Conclusions. We propose that legal systems should supplement the existing laws and adapt it to the unique challenges presented by ART, so that society may benefit from the application of ART advancement in a socially responsible and uniform ethical manner.

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